STATE v. OXNER

No. 5.

252 S.E.2d 705 (1979)

297 N.C. 44

STATE of North Carolina v. Johnny Mack OXNER.

Supreme Court of North Carolina.

March 16, 1979.


Attorney(s) appearing for the Case

Richard N. Weintraub, Durham, for defendant.

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. John R. B. Matthis and Asst. Atty. Gen. Alan S. Hirsch, Raleigh, for the State.


PER CURIAM.

Justice David M. Britt, being a member of the panel of the Court of Appeals which decided the case, did not sit in the appeal to this Court. The remaining six justices are equally divided as to whether, upon the facts in this case, the trial court should have instructed the jury that "[a] person is not guilty of robbery with force if he takes property from the actual possession of another under bona fide claim of right or title to the property" and should...

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